[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Rules and Regulations]
[Page 51601-51602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se08-7]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106671-8010-02]
RIN 0648-XK24
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-
Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is prohibiting directed fishing for species that comprise
the shallow-water species fishery by vessels using trawl gear in the
Gulf of Alaska (GOA). This action is necessary because the fourth
seasonal apportionment of the 2008 Pacific halibut bycatch allowance
specified for the shallow-water species fishery in the GOA has been
reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 3,
2008, through 1200 hrs, A.l.t., October 1, 2008.
FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing
fishing by U.S. vessels in accordance with the FMP appear at subpart H
of 50 CFR part 600 and 50 CFR part 679.
The fourth seasonal apportionment of the 2008 Pacific halibut
bycatch allowance specified for the shallow-water species fishery in
the GOA is 150 metric tons as established by the 2008 and 2009 harvest
specifications for groundfish of the GOA (73 FR 10562, February 27,
2008), for the period 1200 hrs, A.l.t., September 1, 2008, through 1200
hrs, A.l.t., October 1, 2008.
In accordance with Sec. 679.21(d)(7)(i), the Administrator, Alaska
Region, NMFS, has determined that the fourth seasonal apportionment of
the 2008 Pacific halibut bycatch allowance specified for the trawl
shallow-water species fishery in the GOA has been reached.
Consequently, NMFS is prohibiting directed fishing for the shallow-
water species fishery by vessels using trawl gear in the GOA. The
species and species groups that comprise the shallow-water species
fishery are pollock, Pacific cod, shallow-water flatfish, flathead
sole, Atka mackerel, skates and ``other species.'' This inseason action
does not apply to
[[Page 51602]]
fishing for pollock by vessels using pelagic trawl gear in those
portions of the GOA open to directed fishing for pollock. This inseason
action does not apply to vessels fishing under a cooperative quota
permit in the cooperative fishery in the Rockfish Pilot Program for the
Central GOA.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent NMFS from
responding to the most recent fisheries data in a timely fashion and
would delay the closure of the shallow-water species fishery by vessels
using trawl gear in the GOA. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of August 28, 2008.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 29, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-20509 Filed 8-29-08; 4:15 pm]
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